Jurors in trial of childminder fail to reach verdict
THE jury in the trial of a childminder accused of inflicting a serious brain injury on a tenmonth-old baby girl in her care has failed to reach a verdict.
The hung jury means there may now be a retrial of 34-year- old childminder Sandra Higgins who denied intentionally or recklessly causing serious harm to the baby at her home in Cavan on March 28, 2012.
Their decision came after almost six hours of deliberations, and an hour after they had been offered a majority verdict.
Ms Higgins, of The Beeches, Drumgola Wood, Cavan town, gave no reaction as the hung jury was announced, while the baby’s parents – who cannot be named by court order – looked dismayed after their solicitor warned them of the ‘stalemate’.
As the parents left court, they said they were ‘very hopeful there will be a retrial’.
Medics giving evidence for the DPP argued during six days of evidence that the baby’s extensive, life-threatening injuries were as a result of a violent shaking. On her admission at hospital, she was found to have a brain bleed, brain injury, retinal haemorrhage and detachment, numerous bruises and ribs that had been fractured a few weeks before.
The jurors, who began deliberati ng on Wednesday morning, returned shortly after 12.30pm yesterday, having informed the judge through the jury minder that they wished to make a statement.
The foreman handed Judge Patricia Ryan a piece of paper with a message.
The judge read: ‘Judge, we cannot reach a unanimous or a majority verdict and do not believe we will do so with any more time.’
The judge asked the foreman to hand her the issue paper and said the registrar would fill in ‘disagree’ on the paper and hand it to the foreman to sign.
‘Thank you very much for the care and attention you gave this case. Your jury service is at an end and you are free to leave,’ the judge told them.
She asked the jurors not to speak about the case as there might be a retrial.
The case has been put in for mention next Thursday.
Defence counsel Remy Farrell SC asked for a transcript of the case if the DPP applies for the retrial.